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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

(1) SB Civil Misc. Appeal No.2192/2015

The National Insurance Company Limited

Vs.

Shri Radhey Shyam Balmiki & ors.

(2) SB Civil Misc. Appeal No.2199/2015

The National Insurance Company Limited

Vs.

Shri Dhanraj & ors.

Date of Order :: 04/08/2015

PRESENT

HON'BLE MR. JUSTICE J.K. RANKA

Mr. TP Sharma with

Mr. Brijesh Dhabhai, counsel for the appellant.

1.

Both these Civil Misc. Appeals u/Sec. 173 of the

Motor Vehicles Act have been preferred by the non-claimant-

appellant (Insurance Company) assailing the common award

dt.16/03/2015 passed by the Motor Accident Claims Tribunal,

Bahrod in MACT Case No.45/2012 & 31/2012.

2.

Since facts and controversy involved are identical,

both these appeals are being decided by this common order.

2.

The relevant facts, necessary for disposal of the

instant appeals, are that on 15/01/2010, while Manoj Kumar

and Dhanraj Balmiki were going on motor cycle for attending

duties in the morning shift in Ginni International Company and

as soon as they reached Neemrana Circle at NH-8 at 5.45 am,

a vehicle (Tanker) bearing No.RH-55-C-5549, which was being

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driven b